Common use of Additional Payment Obligation Clause in Contracts

Additional Payment Obligation. a. On the last day of each fiscal quarter and on the first Termination Date, through and including the last day of the fiscal quarter in which the Advance and Animation Advance are both repaid in full (each such date, a “Payment Date”), DW shall pay to Universal by wire transfer in immediately available funds an amount in cash equal to (i) the Additional Amount (as defined below) for each date from and including the preceding Payment Date until but excluding such Payment Date, and (ii) the Animation Additional Amount (as defined below) for each date from and including the preceding Payment Date (or if none the Initial Animation Advance Payment Date) until but excluding such Payment Date. In addition, all accrued and unpaid Additional Amounts or Animation Additional Amounts shall accrue (y) until the NBC Closing at a rate of *** per year and (z) on and after such NBC Closing shall accrue at a rate of *** per year. For purposes hereof, (I) the “Additional Amount” means an amount equal to an annualized rate on the Advance Amounts outstanding from time to time of *** per year until the NBC Closing, and on and after the date of such NBC Closing means an amount equal to an annualized rate on the Advance Amounts outstanding of *** per year, and (II) the “Animation Additional Amount” means an amount equal to an annualized rate on the Animation Advance Amount outstanding from time to time of *** until the NBC Closing, and on and after the date of such NBC Closing means an amount equal to an *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. annualized rate on the Animation Advance Amount of *** per year. Without limitation of its other rights and remedies hereunder, Universal shall be entitled to set off and apply an amount equal to any DW Adjustment if not paid when due and/or any accrued but unpaid Additional Amounts or Animation Additional Amounts not paid when due against, and recoup such DW Adjustment amount, Additional Amounts or Animation Additional Amounts from, any amounts owed to DW in accordance with the Agreement; provided, however, that any DW Adjustment or Additional Amounts may be recouped only against Aggregate Receipts for Pictures other than Animated Pictures, and that any DW Animation Adjustment or Animation Additional Amounts may be recouped only against Aggregate Receipts for Animated Pictures.

Additional Payment Obligation. a. On the last day of each fiscal quarter and on the first Termination Date, through and including the last day of the fiscal quarter in which the Advance and Animation Advance are both repaid in full (each such date, a “"Payment Date”"), DW shall pay to Universal by wire transfer in immediately available funds an amount in cash equal to (i) the Additional Amount (as defined below) for each date from and including the preceding Payment Date until but excluding such Payment Date, and (ii) the Animation Additional Amount (as defined below) for each date from and including the preceding Payment Date (or if none the Initial Animation Advance Payment Date) until but excluding such Payment Date. In addition, all accrued and unpaid Additional Amounts or Animation Additional Amounts shall accrue (y) until the NBC Closing at a rate of *** per year and (z) on and after such NBC Closing shall accrue at a rate of *** per year. For purposes hereof, (I) the “"Additional Amount” " means an amount equal to an annualized rate on the Advance Amounts outstanding from time to time of *** per year until the NBC Closing, and on and after the date of such NBC Closing means an amount equal to an annualized rate on the Advance Amounts outstanding of *** per year, and (II) the “"Animation Additional Amount” " means an amount equal to an annualized rate on the Animation Advance Amount outstanding from time to time of *** until the NBC Closing, and on and after the date of such NBC Closing means an amount equal to an *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. annualized rate on the Animation Advance Amount of *** per year. Without limitation of its other rights and remedies hereunder, Universal shall be entitled to set off and apply an amount equal to any DW Adjustment if not paid when due and/or any accrued but unpaid Additional Amounts or Animation Additional Amounts not paid when due against, and recoup such DW Adjustment amount, Additional Amounts or Animation Additional Amounts from, any amounts owed to DW in accordance with the Agreement; provided, however, that any DW Adjustment or Additional Amounts may be recouped only against Aggregate Receipts for Pictures other than Animated Pictures, and that any DW Animation Adjustment or Animation Additional Amounts may be recouped only against Aggregate Receipts for Animated Pictures. ***Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.